MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 March 2001
	DOCKET NUMBER:  AR2000048428

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Roger Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his foreign service be shown on his 
DD Form 214 (Report of Transfer or Discharge).  In an attached letter he also requests, in effect, that his general discharge be upgraded to honorable and that he receive a copy of a discharge certificate to replace the one he lost.  The Army Review Boards Agency Support Division will be requested to administratively correct his foreign service on his DD Form 214 and issue him a replacement discharge certificate.

APPLICANT STATES:  That he served in Germany and that he did a lot of dumb things while in the Army.  Now that he looks back he is ashamed of his actions.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted and entered active duty on 22 March 1967.  While still in training he was convicted by a summary court-martial of 42 days AWOL.  He was eventually trained as an armor crewman and assigned to Germany on 5 October 1967.  He returned from Germany on 20 May 1968 according to his DA Form 20 (Qualification Record).

While enroute to Vietnam the applicant was AWOL from the replacement station. On 11 July 1968 he was punished under Article 15, UCMJ for 13 days AWOL.  He was reduced to the pay grade of E-2 and fined $70.  He was AWOL again from 6 August to 7 November 1968 and from 14 November 1968 to 7 January 1969.  On 21 January 1969 he was convicted by special court-martial of the AWOL offenses.  His sentence included reduction to the pay grade of E-1 and confinement at hard labor for 6 months.

On 28 January 1969 the applicant received a mental status examination.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right.  The resulting diagnosis was an immature personality with poor impulse control and passive-aggressive tendencies.  He met the retention standards of Army Regulation 40-501.

On 3 February 1969 he was informed of contemplated separation for unsuitability.  The applicant acknowledged his commander’s recommendation and waived his right to submit a statement in his own behalf.  The separation authority approved the recommendation for separation for unsuitability and directed issuance of a general discharge certificate.

Effective 24 February 1969 the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability.  His DD Form 214 shows that he had 1 year, 1 month, and 1 day creditable service and 246 days lost time.  He is not credited with any foreign service.

Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel for unfitness and unsuitability. It provided, in pertinent part, for discharge due to unsuitability of those individuals with character and behavior disorders and disorders of intelligence as determined by medical authority.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

There is no evidence in the available record to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within the established 15-year time limit.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

2.  The records do not contain, and the applicant has not provided, any information to indicate that his discharge was in error or unjust.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The applicant’s records should be administratively corrected to show his 7 months and 16 days of foreign service which may also result in a correction to his total creditable service.  Additionally he should be furnished a replacement discharge certificate.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___ra___  ___bl____  ___wp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000048428	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19690224	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A49.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.